The Main v. Williams

Statement by Mr. Justice BROWN: This was an appeal from a decree entered in a proceeding taken to limit the liability of the owners of the steamship Main for a collision with the steamship Montana, in respect to her 'freight pending.'

The proceedings were begun by a petition filed by the Nord Deutscher Lloyd, owner of the Main, setting forth the filing of a libel against the steamship for a collision with the steamship Montana, which occurred in the Patapsco river on January 5, 1889, wherein was claimed a sum largely in excess of the value of the Main and her freight then pending, and praying for the appointment of appraisers of the interest of petitioner in the ship and her freight for the voyage. The value of the vessel was subsequently fixed by stipulation at $70,000. The appraisers returned the amount of freight pending at $1,577.38, which was disputed. The decree of the district court subsequently fixed the gross amount of freight upon the cargo on board at the time of the collision, prepaid at Bremen, as well as collectible at Baltimore, at $1,870.10, and added thereto $5,200 gross passage money prepaid at Bremen for the transportation of emigrant passengers for Baltimore, making in all $7,070.10.

Thos. W. Hall, for appellant.

[Argument of Counsel from pages 123-125 intentionally omitted]

John H. Thomas, J. Wilson Leakin, and George Leiper Thomas, for appellee.

Mr. Justice BROWN, after stating the facts in the foregoing language, delivered the opinion of the court.